Municipal Jurisdiction
Does anyone allow sheriff’s deputies to file charges in municipal court as law enforcement officers as opposed to private citizens?
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttp://www.normanok.gov/
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
No.
Cindy L. Richard
Deputy Municipal Counselor
From: Rick Knighton via Oama oama@lists.imla.org
Sent: Thursday, December 2, 2021 4:01:54 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Municipal Jurisdiction
Does anyone allow sheriff’s deputies to file charges in municipal court as law enforcement officers as opposed to private citizens?
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | • rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | þ www.normanok.govhttps://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.normanok.gov%2F&data=04%7C01%7Ccindy.richard%40okc.gov%7C6d1070a4fc1f40e6286708d9b5df5d12%7C837e0d97dd9d4d0097e688f05a32ee59%7C0%7C0%7C637740793347929004%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=3163pTTauVf1MXfX8UA5cZKtizdD%2B571VcrUo2wCSYA%3D&reserved=0
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My municipalities have cross-deputization agreements with their counties. I think a Sheriff's deputy can write a municipal citation under those. I don't think anyone has. Even without a cross-deputization agreement, I don't see why they couldn't write a municipal citation since they are peace officers with authority throughout the state as peace officers. Good Luck!
From: Rick Knighton via Oama oama@lists.imla.org
Sent: Thursday, December 2, 2021 4:02 PM
To: oama@lists.imla.org
Subject: [Oama] Municipal Jurisdiction
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Does anyone allow sheriff's deputies to file charges in municipal court as law enforcement officers as opposed to private citizens?
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | * rick.knighton@normanok.govmailto:rick.knighton@normanok.gov | ? www.normanok.govhttps://nam04.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttp%253a%252f%252fwww.normanok.gov%252f%26c%3DE%2C1%2Cnny6VwWOIsUbLZo5rwTSqyp0TuwoEi1rr9wq-ywCjKruAaNWWF2_5C54-6x5OV9RQSx2yeP2cQaASwnQ8Dvph-eym10BeNxPZBcnqYINF7NK%26typo%3D1&data=04%7C01%7Cmramsey%40soonerlaw.com%7C6f4f58bf6109486818b108d9b5f3a924%7Ccd3766af25f04fe2829ce96eb13be37c%7C0%7C1%7C637740880395979651%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000&sdata=rCk%2BQVtwl9aDjEmZthEXaPgsY1uydc6oUlou7dQzE48%3D&reserved=0
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I have never seen it done but after reading the statute I think a sheriff deputy could write a municipal citation..
Ray
From: Mark Ramsey
Sent: Friday, December 3, 2021 9:12 AM
To: Rick Knighton ; oama@lists.imla.org
Subject: [Oama] Re: Municipal Jurisdiction
My municipalities have cross-deputization agreements with their counties. I think a Sheriff’s deputy can write a municipal citation under those. I don’t think anyone has. Even without a cross-deputization agreement, I don’t see why they couldn’t write a municipal citation since they are peace officers with authority throughout the state as peace officers. Good Luck!
From: Rick Knighton via Oama oama@lists.imla.org
Sent: Thursday, December 2, 2021 4:02 PM
To: oama@lists.imla.org
Subject: [Oama] Municipal Jurisdiction
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Does anyone allow sheriff’s deputies to file charges in municipal court as law enforcement officers as opposed to private citizens?
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | + rick.knighton@normanok.gov | þ www.normanok.gov
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
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1999 OK AG 24
https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=62780
addressed whether cities/towns can contract out their criminal ordinance
enforcement and quotes from 1974 OK AG 212 (which is not available on
OSCN). Short answer is that they found that they could do so but that the
contractor could only act as a citizen and cannot exercise the City/Town's
police powers. Under 11 O.S. 27-115, a complaint / citation has to be
verified to be effective by either the Judge, Court Clerk (or a deputy) or
a "police officer." They used the term "police officer" rather than "peace
officer", and it could be argued that this means it has to be a Officer
from the City or Town and not peace officers employed by other law
enforcement agencies.
But you do have the statutes that authorizes City and County Officers to
respond to requests for assistance and to be vested with enforcement powers
from the requesting entity. *See *11 O.S. 34-103(B) & (C) and 19 O.S.
547(E). Both statutes have provisions about responding in the case of
emergency which are separate from the authorization to respond outside of
emergency situations. The County statute requires an interlocal agreement
but, with such an agreement, it reads that the Sheriff and deputies "shall
have law enforcement authority within the jurisdiction making the request
[for assistance]." I think this is the statute that really contemplates
situations where County is going to provide law enforcement to a Town that
doesn't have a PD, but it is not limited to those situations (it says "to
assist or provide law enforcement services"). So if the Sheriff or a
Deputy is authorized to perform the duties of a City cop then that would
include the ability to issue a verified complaint / citation. But if they
don't have the authority to exercise our police powers, then I would think
their authority would be limited to the enforcement of State laws (though
they could serve our warrants per 11 O.S. 27-113 and 28-121).
Matt
On Fri, Dec 3, 2021 at 9:55 AM rayvincent@coxinet.net wrote:
I have never seen it done but after reading the statute I think a sheriff
deputy could write a municipal citation..
Ray
From: Mark Ramsey
Sent: Friday, December 3, 2021 9:12 AM
To: Rick Knighton ; oama@lists.imla.org
Subject: [Oama] Re: Municipal Jurisdiction
My municipalities have cross-deputization agreements with their counties.
I think a Sheriff’s deputy can write a municipal citation under those. I
don’t think anyone has. Even without a cross-deputization agreement, I
don’t see why they couldn’t write a municipal citation since they are peace
officers with authority throughout the state as peace officers. Good Luck!
From: Rick Knighton via Oama oama@lists.imla.org
Sent: Thursday, December 2, 2021 4:02 PM
To: oama@lists.imla.org
Subject: [Oama] Municipal Jurisdiction
Notice: This email is from an external source. Do not open attachments or
click on links from unknown senders or unexpected e-mail.
Does anyone allow sheriff’s deputies to file charges in municipal court as
law enforcement officers as opposed to private citizens?
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
' 405.217.7700 | 6 405.366.5425 | + rick.knighton@normanok.gov | þ
www.normanok.gov
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This e-mail is the property of the City Attorney’s office, City of Norman,
Oklahoma, and the information contained in this e-mail is protected by the
attorney-client and/or the attorney work product privilege. It is intended
only for the use of the individual named above and the privileges are not
waived by virtue of this having been sent by e-mail. If the person actually
receiving this message or any other reader of the message is not the named
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